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BONNER v. U.S. DEPT. OF STATE

No. 90-5111.

928 F.2d 1148 (1991)

Raymond T. BONNER, Appellant, v. UNITED STATES DEPARTMENT OF STATE.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1991.

Attorney(s) appearing for the Case

Emilio W. Cividanes, with whom David W. Danner, Ronald L. Plesser, and Sheryl L. Walter, Washington, D.C., were on the brief, for appellant.

Edward R. Cohen, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, were on the brief, for appellee. E. Roy Hawkens, Atty., Dept. of Justice, Washington, D.C., entered an appearance for appellee.

Before RUTH BADER GINSBURG, D. H. GINSBURG and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This appeal concerns the use of representative sampling in Freedom of Information Act ("FOIA") cases to determine the validity of an agency's FOIA exemption claims. We consider, in particular, the effect on representative sampling when an agency releases some of the sample documents without excisions, instead of justifying their continued redaction. We hold...

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